Can I afford to hire a CA lemon law attorney to pursue a California Lemon Law claim on my behalf?
The California Lemon Law requires the manufacturer to pay the consumer’s attorney fees and costs in Lemon Law cases where the consumer prevails. The Barnes Lemon Law firm CA lemon law attorney Stephen Barnes takes most cases on a contingency fee basis and agrees to collect attorney fees only if the consumer prevails or settles their claim.
Does the CA Lemon Law apply to used vehicles?
Yes. The California Lemon Law will apply to a used vehicle if the vehicle is covered by a warranty.
Do I have to go through arbitration in order to pursue a California Lemon Law claim in court?
No. The California Lemon Law does not require a consumer to utilize an arbitration program offered by the manufacturer in order to pursue a CA Lemon Law case in court.
Do I need to notify the manufacturer and give it a chance to repair a problem prior to pursuing a CA Lemon Law claim in court?
No. As long as the manufacturer’s authorized repair facility has had a reasonable number of opportunities to repair a warranty problem, the manufacturer does not have to be given a chance to repair the problem directly to have a valid California lemon law claim
Does the California Lemon Law apply to vehicles that are older than 18 months?
Yes. As long as the vehicle has a problem that occurs during the warranty that has been subject to a reasonable number of repairs. The CA Lemon Law may apply to a vehicle even if its warranty has expired so long as the vehicle is having problems that the consumer brought to the attention of an authorized dealer for repair during the warranty period. The facts of each case should be reviewed by a CA lemon law attorney to determine if the California lemon law will still apply.
Does the CA Lemon Law apply to vehicles that have more then 18,000 miles?
Yes. As long as the vehicle is having warranty problems, the California Lemon Law may apply no matter how many miles are on the vehicle.
Is there any particular number of repair attempts that must be given in order to have a valid California Lemon Law claim?
No. There must be a reasonable number of repair attempts for a given problem. What constitutes a reasonable number of attempts varies based on the nature of the particular problem. Generally if a problem has been subject to at least four repair attempts that would be enough to establish a reasonable number under the CA lemon law.
Does the CA Lemon Law apply to business use vehicles?
Yes. Vehicles used primarily for business purposes are covered by the California Lemon Law. The business can have no more than five vehicle’s may be registered in the business name; and (2) the vehicle’s gross vehicle weight must not exceed 10,000 pounds. For the purposes of the CA lemon Law, Gross Vehicle Weight means the weight of the vehicle as it is actually used NOT the total weight the vehicle can carry.
Does the Lemon Law in California only apply to cars and trucks?
No. California’s Lemon Law applies to all consumer goods that are covered by a warranty and are used primarily for personal, family or household purposes. The Lemon Law applies to: motorcycles, motor homes, jet skis, boats, musical instruments, appliances, televisions and all other consumer goods.
What type of problems does the CA Lemon Law apply?
The California Lemon Law applies to problems that substantially impair the use safety or value of the product to the consumer. What is a substantial impairment must be evaluated based on the needs and circumstances of the particular consumer, within reason.
What if the dealer keeps my car for repair more than thirty days straight?
The manufacturer or its authorized repair facility must complete repairs within thirty days unless there are circumstances beyond their control and the consumer agrees in writing to this delay. The failure to repair the vehicle in this time frame may be a violation of the California Lemon Law. If you have such a situation may sure to speak with an experienced CA Lemon Law attorney.
If I do not have the vehicle any longer can I still pursue a CA Lemon Law claim?
Yes, a consumer may still pursue a California lemon Law claim even if they do not have the vehicle. The consumer must simply have given the manufacturer or its authorized repair facility a reasonable number of repair attempts during the warranty period. (See Martinez v. Kia)
If you would like more information concerning California Lemon Law, please contact the Barnes Lemon Law Firm. Lemon Law Attorney Stephen Barnes provides FREE CONSULTATIONS call 888-427-1444. Most cases accepted on a contingency fee.
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